Court of Appeals for the Ninth Circuit November 20, 2003, No. 02-17001; D.C. No. CV-00-00562-ECR (Stark v. Helling)

MEMORANDUM**

Nevada state prisoner John Stark appeals the dismissal as untimely of his 28 U.S.C. § 2254 petition challenging his guilty-plea conviction for first degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Stark contends that his trial counsel’s failure to file a notice of appeal to the Nevada Supreme Court warranted equitable tolling.